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We have been reading the High Court Judgement - Hereford Waste Watchers
V Hereford Council. Initially Hereford Council gave planning consent
to Estech Europe Limited to develop a waste treatment plant. However,
on February 18th 2005, a Judicial Review overturned this decision.
Our reading of the judgement is that Mr Justice Elias overturned the
decision because Hereford Council did not give appropriate consideration
to alternative sites; the EIA was inadequate; and the ramifications
of using experimental / innovative fuels had not been properly assessed.
We believe that there are striking similarities with WINBEG:
Alternative Sites - The Environmental Statement (ES) prepared
by Scott Wilson in Table 2.1 shows Winkleigh airfield in comparison
with four other sites. The ES shows that the main incentive was the
"modest land price" of the airfield. The airfield site makes
no sense, with buildings totally out of scale with their rural surroundings
and situated on a ridgeline site, an inadequate transportation infrastructure
allied to a large increase in HGV traffic. A considerable supply of
water would be required, and the site would also be some distances from
its feedstock sources, whatever type(s) are decided upon. Not least
WINBEG would be in close proximity to residents. One also has to doubt
the accuracy and thoroughness of the studies of the alternative sites.
The ES claims that the South Molton option is "half of catchment
area is in the sea" whereas Winkleigh is said to be "good".
As both sites are almost equidistant from the coast, the comparison
study has been treated as of no consequence and therefore is self-serving.
Inadequate Environmental Statement - As three statutory consultees
- Devon County Council, English Heritage and English Nature - have pointed
out, the Environmental Statement is inadequate. It fails to identify
baseline conditions; it misrepresents planning policy; and is unable
to give any supporting evidence for its many claims.
Cellulosic Fibres from Municipal Solid Waste - As the Hereford
case clearly shows, the processing of cellulosic fibres (CF) via steam
cleaning in autoclaves is highly experimental. The would be developer
of WINBEG has given no details of how much municipal solid waste would
be needed to convert a percentage into sterilised CF; no details of
where the plant (s) to process CF might be constructed; nor what technologies
or size of plants might be used to convert CF.
The Judgement makes it clear that it is the responsibility of the Planning
Authority to satisfy itself that all of the potential Environment Impacts
have been properly assessed and the Planning Authority has the ability
and capacity to draw valid and documented conclusions. Furthermore,
you might be particularly concerned that Torridge cannot delegate the
environmental pollution aspects to the Environment Agency for resolution
at a later date.
We believe that the Hereford judgement shows that the planning application
for WINBEG should be refused.
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